| The punitive compensation system has a long history, which originated in the UK, after by other common law countries the inheritance, which the United States of America in the development of the system of punitive damages belong to the leading level, and to maintain the market order and the protection of consumer rights and interests to the development of With the increase of international communication, the system of punitive damages is absorbed by the civil law countries. Later also have a profound impact on many countries of continental law system. For civil law countries followed the two element classification method of division of public law and private law, so our country to introduce the punitive damages system has been a controversial issue. Although this system has a lot of controversy, but it is in the field of consumption has many practical value, due to its adaptability to the needs of society, punishment,contain a lot of illegal behavior, the interests of the majority of society. A positive role to play in a certain period of time.But in the "San Lu milk powder","drainage oil""tony red" has a bad impact on the society case, China’s consumer safety and government public image are facing severe challenges. At the same time the punitive compensation system has exposed many defects and shortcomings. There are many problems, the first problem is that the system of punitive damages for "fraud" controversial, although the civil law legal provisions related to the "fraud". However,the civil liability of punitive damages system is different from the general sense, because of the nature of both public and private law, so whether the application of civil law,"fraud" law is not clearly defined. Secondly, the basis for compensation of China’s "consumer protection law" provisions of the double compensation is double the purchase of goods or accept services price. This kind of "make it rigidly uniform legislation mode" is too conservative and rigid, justice can not adapt to the trend of social development can not be true society. So our country should change the mode of legislation. Finally, our country lacks small punitive damages relief mechanism, the establishment of punitive damage compensation system in small, can solve the dispute efficiently, save social resources and the judicial cost.This paper elaborates on the three part, by reading literature, and at the same time, using the methods of comparison, analysis, induction of thesis writing, discusses the. In this paper, the public is divided into four chapters:the first chapter is the theory part. This part is to have a preliminary understanding of the system of punitive damages, the characteristics and functions of the punitive compensation system analysis, through the analysis of the features and functions of the system of punitive damages, for a deeper understanding of the system. The first chapter is the analysis of the theory, and lay theoretical foundation for the following chapters through theoretical analysis and research. The second chapter is about the study on the system of punitive damages between two legal systems. Mainly introduced to Britain and the United States as the representative of the common law countries and in Germany, Japan and Taiwan of China as the representative of the continental law system countries about the punitive damages system in the Anglo American legal system, and the system of punitive damages are worthy of our study and reference, the deeper step elaboration and analysis. The third chapter is the main problem of Chines consumer protection the punitive compensation system present situation and the existence, first to the relevant existing provisions of punitive damages system in our country law, comparative analysis, research, aiming at the main problems of the punitive damages system in China are discussed and analyzed the reasons for these problems. The fourth chapter is the improvement measures, to overcome the disadvantages the author puts forward relative suggestions. |
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